Kiddushin - Daf 68
- What is the meaning of "כי תהיין לאיש שתי נשים האחת אהובה והאחת שנואה"?
Rav Acha bar Yaakov derives that kiddushin is ineffective for ervah from a kal vachomer from a yevamah. She is only forbidden with a לאו – negative commandment, yet kiddushin with her is ineffective, then certainly for those who are prohibited with a kares punishment! The Gemara asks that if so, the same could be applied to all those prohibited by a לאו!? Rav Pappa answers that the Torah says: כי תהיין לאיש שתי נשים האחת אהובה והאחת שנואה – if a man has two wives, one beloved and one hated. Since the husband’s hatred towards his wife would not affect laws, the Torah must mean אהובה בנישואיה – beloved regarding her marriage (i.e., permitted), and שנואה בנישואיה – hated in her [prohibited] marriage, yet they are described with "תהיין", showing the marriage was effective! The Gemara explains that according to Rebbe Akiva who holds אין קידושין תופסין בחייבי לאוין – kiddushin is not effective for those prohibited with a לאו, the one “hated in her marriage” can be explained to mean a widow marrying a Kohen Gadol, according to Rebbe Simai who says Rebbe Akiva agrees such kiddushin is effective. Otherwise, it refers to those prohibited by an עשה, and if Rebbe Akiva holds even this is ineffective, it refers to a non-virgin marrying a Kohen Gadol.
- Source kiddushin is ineffective for שפחה, and her children are slaves – "שבו לכם פה עם החמור"
The Mishnah on Daf 66b taught kiddushin is ineffective for a slavewoman or a female gentile, and their children share their status. Rav Huna provides the source that kiddushin is ineffective for a slavewoman. Avraham said: "שבו לכם פה עם החמור" – Stay here yourselves with the donkey, with the extraneous mention of the donkey teaching that Eliezer, an עבד כנעני, is עם הדומה לחמור – a nation legally similar to a donkey, which cannot have kiddushin. That her child is a slave like her can be derived from: "האשה וילדיה תהיה לאדוניה" – the woman and her children shall belong to her master. Later, this derashah will be replaced with the one provided for a female gentile’s children.
- Source that kiddushin is ineffective for a נכרית, and her children are gentiles
The Gemara says that we learn from "לא תתחתן בם" – you shall not become married with them, that kiddushin is ineffective with a gentile. Rebbe Yochanan quotes a derashah that the child of a female gentile is a gentile: "כי יסיר את בנך מאחרי" – for he will turn your son away from Me, which teaches: בנך הבא מישראלית קרוי בנך – your son (i.e., grandson) who comes from a Jewess is called your son (i.e., a Jew), ואין בנך הבא מן העובדת כוכבים קרוי בנך אלא בנה – but your son who comes from a female idolator is not called your son, but her son (i.e., an idolator). The Gemara asks that since the pasuk of "לא תתחתן" refers only to the seven nations of Canaan, what is the source that kiddushin is ineffective with other gentiles? It ultimately answers that the Torah teaches regarding a יפת תואר that after the entire procedure, והיתה לך לאשה – she shall become a wife for you,” implying that beforehand, they cannot be married. We derive that her child is also a gentile from the pasuk: כי תהיין לאיש...וילדו לו – if a man has two wives…and they bore him,” which teaches that wherever the woman is someone who can be married ("והיתה"), his children’s lineage follows the father’s, but wherever the woman is ineligible for marriage, such as a gentile, their lineage follows hers.
